The continuation of insovent’s activity versus the par condicio creditorum principle in the assessment of damage linked to insolvency reintegration actions.

Abstract

Restitution actions during the Insolvency procedure are limited in their efficiency because of the new principle that governs insolvency procedures which was added to the “par conditio creditorum” principle (similar treatment to all creditors). This new principle is the preservation of the insolvent’s activity. The interpretation of Courts given to the harm, which is needed in case of restitutions, has harmonized these two principles bringing this inconvenient partially to an end. Finally, it should be highlighted that the efficiency of these actions is fundamental for the protection of the commercial credit.